Borough of Rosslyn Farms, PA Article VIII Fees

§ 187-56 Application filing, review and inspection fees.

All applications submitted for approval of a subdivision or land development shall be subject to the following fees:

A. Application filing fees. A schedule of application filing fees shall be established, from time to time, by resolution of Borough Council. The application filing fees shall cover the administrative costs associated with processing an application for approval of a subdivision or land development and shall be payable at the time of submission of the application.

B. Application review fees.

(1) An application review escrow deposit in an amount established from time to time by resolution of Borough Council also shall be payable at the time of submission of the application to guarantee payment of the estimated application review fees required by this subsection. The actual amount of the review fees in excess of the escrow deposit shall be payable within 14 days of the applicant's receipt of the bill from the Borough Secretary. Any monies remaining in the escrow account after all review fees have been paid shall be returned to the applicant.

(2) Failure to pay the required escrow deposit or any additional review fees required by this subsection shall cause the application to be determined to be incomplete and the application shall not be scheduled for review by the Planning Commission or the Borough Council until such fees are paid.

(3) Application review fees shall include reasonable and necessary charges by the Borough's professional consultants or the Borough Engineer for review and report on the application to the Borough. Such review fees shall be based upon a schedule established from time to time by resolution of Borough Council. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer or other professional consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Borough Engineer or other professional consultants to the Borough when fees are not reimbursed or otherwise imposed on applicants.

(4) Borough Council shall submit to the applicant an itemized bill showing the work performed, identifying the person performing the services and the time and date spent for each task.

(5) In the event the applicant disputes the amount of any such review fees, the applicant shall, no later than 45 days after the date of transmittal of the bill to the applicant, notify the Borough and the Borough's professional consultant that such fees are disputed, and shall explain the basis of their objections to the fees charged, in which case the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's dispute over fees. Failure of the applicant to dispute a bill within 45 days shall be a waiver of the applicant's right to arbitration of that bill.

(6) In the event that the Borough's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Borough shall follow the procedure for resolution of disputes as set forth below in Subsection C of this article, provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.

(7) Subsequent to a decision on an application, Borough Council shall submit to the applicant an itemized bill for review fees, specifically designated as a final bill. The final bill shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of approval, the review fees shall be charged to the applicant as a supplement to the final bill.

C. Inspection fees.

(1) The applicant shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established from time to time by resolution of Borough Council. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Borough Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.

(2) The applicant shall not be required to reimburse the Borough for any inspection which is duplicative of inspections conducted by other governmental agencies or public utilities. The burden of proving that any inspection is duplicative shall be upon the objecting applicant.

(3) An inspection fee escrow deposit in an amount established from time to time by resolution of Borough Council shall be payable at the time of execution of the development agreement required by this chapter to guarantee payment of the estimated inspection fees required by this section. Any unused balance remaining in the application review escrow account shall be rolled over into the inspection fee escrow account. Any monies remaining in the escrow account after all inspection fees have been paid shall be returned to the applicant.

(4) Borough Council shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the time and date spent on each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 30 days after the date of transmittal of a bill for inspection services, notify the Borough and the Borough's professional consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, in which case the Borough shall not delay or disapprove a request for release of financial security, a subdivisions or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 30 days shall be a waiver of the applicant's right to arbitration of that bill.

(5) Subsequent to the final release of financial security for completion of improvements for a subdivision or land development, or any phase thereof, the professional consultant shall submit to Borough Council a bill specifically designated as a final bill. The final bill shall include inspection fees incurred through the release of financial security.

(6) If the Borough's professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as arbitrator. The applicant and professional consultant whose fees are being challenged shall by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.

(7) The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and render a decision within 50 days after the date of appointment.

(8) Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary top implement the decision within 60 days. In the event that the Borough has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment.

(9) In the event that the Borough's professional consultant and the applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such arbitrator, who, in that case, shall be neither the Borough's professional consultant nor any professional consultant who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.

(10) The fee of the arbitrator shall be paid by the applicant if the review charge is sustained by the arbitrator, otherwise it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the Borough's professional consultant. The Borough and the consultant whose fees are the subject of the dispute shall be parties to the proceeding.